Title Minnesota Statutes, Minnesota Statutes

80B.01 DEFINITIONS. § Subdivision 1.Scope. When used in sections 80B.01 to 80B.13, unless the context otherwise requires, the following words shall have the meanings herein ascribed to them. § Subd. 2.Affiliate. "Affiliate" of a person means any person controlling, controlled by,…

80B.03 REGISTRATION OF TAKEOVER OFFERS. § Subdivision 1.Effective offer required; filing and delivery of offer. It is unlawful for any person to make a takeover offer or to acquire any equity securities pursuant to the offer, unless the offer is effective under sections 80B.01 to…

80B.04 FILING OF SOLICITATION MATERIALS. Copies of all advertisements, circulars, letters or other materials published by the offeror or the target company, soliciting or requesting the acceptance or rejection of the takeover offer, shall be filed with the commissioner and sent t…

80B.05 FRAUDULENT AND DECEPTIVE PRACTICES. It is unlawful for any offeror or target company or any controlling person of an offeror or target company or any broker-dealer acting on behalf of an offeror or target company to engage in any fraudulent, deceptive or manipulative acts …

80B.06 LIMITATIONS ON OFFERORS. § Subdivision 1.Uniformity of terms. No offeror may make a takeover offer which is not made to stockholders in this state on substantially the same terms as the offer is made to stockholders outside this state. § Subd. 2.Right to withdraw equity se…

80B.07 ADMINISTRATION, RULES AND ORDERS. § Subdivision 1.Commissioner's powers generally. In administering the provisions of sections 80B.01 to 80B.13, the commissioner may exercise all powers granted under chapter 80A, which are not inconsistent with sections 80B.01 to 80B.13. §…

80B.08 FEES AND EXPENSES. The commissioner shall charge a filing fee of $250 for a registration statement filed by an offeror. History: 1973 c 331 s 8; 1984 c 488 s 12

80B.09 INJUNCTIONS. Whenever it appears to the commissioner that any person, including a controlling person of an offeror or target company, has engaged or is about to engage in any act or practice constituting a violation of sections 80B.01 to 80B.13 or any rule or order hereund…

80B.10 PENALTIES. § Subdivision 1.Civil and criminal penalties. Any person, including a controlling person of an offeror or target company, who willfully violates any provision of sections 80B.01 to 80B.13 or any rule thereunder, or any order of the commissioner of which this per…

80B.11 CIVIL LIABILITIES. § Subdivision 1.Private remedy. Any offeror who purchases a security in connection with a takeover offer in violation of sections 80B.01 to 80B.13 shall be liable to the person selling the security to the offeror who may sue either at law or in equity. I…

80B.12 APPLICATION OF CORPORATE TAKEOVER LAW. § Subdivision 1. [Repealed, 1984 c 488 s 19] § Subd. 2.Nonapplication to certain utilities and financial institutions. If the target company is a public utility, public utility holding company, national banking association, bank holdi…

80B.13 APPLICATION OF SECURITIES LAW. All of the provisions of chapter 80A, which are not in conflict with sections 80B.01 to 80B.13 shall apply to any takeover offer involving a target company in this state. History: 1973 c 331 s 13; 1974 c 406 s 100

80C.01 DEFINITIONS. § Subdivision 1.Scope. As used in sections 80C.01 to 80C.22, the terms defined in this section have the meanings here given them. § Subd. 2.Advertisement. "Advertisement" means any written or printed communication or any communication by recorded telephone mes…

80C.02 REGISTRATION REQUIREMENT. No person may offer or sell any franchise in this state unless there is an effective registration statement on file in accordance with the provisions of sections 80C.01 to 80C.22 or unless the franchise or transaction is exempted under section 80C…

80C.03 EXEMPTIONS. The registration requirement imposed by section 80C.02 shall not apply to the following provided that the method of offer or sale is not used for the purpose of evading sections 80C.01 to 80C.22: (a) the offer or sale of a franchise owned by that franchisee, or…

80C.04 APPLICATION FOR REGISTRATION. § Subdivision 1.Required filing and contents. An application for registration of a franchise shall be made by filing with the commissioner a proposed public offering statement accompanied by a fee of $400. The public offering statement shall c…

80C.05 REGISTRATION PROVISIONS. § Subdivision 1.Signing and verification required. Every application for registration, including amendments thereto, and annual report shall be signed and verified by the applicant and by the franchisor and subfranchisor on whose behalf the offerin…

80C.06 PUBLIC OFFERING STATEMENT. § Subdivision 1.Type size and style. Except as required by sections 80C.01 to 80C.22, no portion of the public offering statement shall be underscored, italicized, printed in larger or bolder type than the balance of the statement unless the comm…

80C.07 AMENDMENT OF REGISTRATION. A person with a registration in effect shall, within 30 days after the occurrence of any material change in the information on file with the commissioner, notify the commissioner in writing of the change by an application to amend the registratio…

80C.08 ANNUAL REPORT. § Subdivision 1.Filing; fee. A registration is effective for 12 months from the date the commissioner's order is issued. A registrant must file a report, in the form prescribed by rule of the commissioner, before the end of the registration effective period.…

80C.09 ADVERTISING. § Subdivision 1.Filed copy required. No person shall publish or cause to be published in this state any advertisement offering a franchise subject to the registration requirements of sections 80C.01 to 80C.22 unless a true copy of the advertisement has been fi…

80C.10 BOOKS, RECORDS AND ACCOUNTS. Every franchisor or subfranchisor offering franchises for sale in this state shall at all times keep and maintain a complete set of books, records and accounts of such sales, which shall at all times be open to inspection by the commissioner. H…

80C.11 OPINIONS, APPRAISALS, AND REPORTS. The commissioner may accept and act upon the opinions, appraisals and reports of any independent engineers, appraisers, or other independent experts which may be presented by an applicant or any interested party, on any question of fact c…

80C.12 DENIAL, SUSPENSION OR REVOCATION OF REGISTRATIONS OR EXEMPTIONS. § Subdivision 1.Grounds. The commissioner, with or without prior notice or hearing, may issue a cease and desist order and may issue an order denying, suspending or revoking any registration, amendment or exe…

80C.13 PROHIBITED PRACTICES. § Subdivision 1.Documents; untrue material facts and omitted material changes. No person may make or cause to be made any untrue statement of a material fact in any application, notice, report, or other document filed with the commissioner under secti…

80C.14 UNFAIR PRACTICES. § Subdivision 1.Prohibition. No person, whether by means of a term or condition of a franchise or otherwise, shall engage in any unfair or inequitable practice in contravention of such rules as the commissioner may adopt defining as to franchises the word…

80C.144 EXEMPT MOTOR FUEL FRANCHISES; ALTERNATIVE COMPLIANCE. A motor fuel franchise exempt from regulation under this chapter pursuant to section 80C.01, subdivision 4, paragraph (f), is subject to regulation under chapter 80F. History: 2006 c 252 s 2; 2006 c 281 art 4 s 3

80C.145 MOTOR FUEL FRANCHISES; RIGHT OF SURVIVORSHIP. § Subdivision 1.Required provisions. No motor fuel franchisor shall initially execute or renew a franchise agreement in the state after July 1, 1981 unless it contains the provisions of subdivisions 3 to 9. § Subd. 2.Definitio…

80C.146 ELIMINATION OF SERVICE BAYS PROHIBITED. § Subdivision 1.Definitions. As used in this section, the terms defined in this subdivision have the meanings given them. "Full-service station" means any place of business where motor vehicle fuel is sold and delivered into the tan…

80C.147 CHANGE IN OWNERSHIP. A motor vehicle fuel franchisor, or an affiliate of such franchisor, who (1) determines to sell or transfer its interests in marketing premises occupied by a franchisee, and (2) in connection with such sale or transfer assigns its interest as a franch…

80C.16 ENFORCEMENT; PENALTIES AND REMEDIES. § Subdivision 1. [Repealed, 1987 c 336 s 47] § Subd. 2.Civil penalties and remedies. Any person who violates section 80C.02, 80C.06, 80C.09, 80C.13 or 80C.14 shall be subject to a fine of not more than $2,000 for each violation. Any per…

80C.17 CIVIL LIABILITY. § Subdivision 1.Damages, rescission, and other relief. A person who violates any provision of this chapter or any rule or order thereunder shall be liable to the franchisee or subfranchisor who may sue for damages caused thereby, for rescission, or other r…

80C.18 ADMINISTRATIVE PRONOUNCEMENTS. § Subdivision 1.Rulemaking. The commissioner may promulgate rules to carry out the provisions of sections 80C.01 to 80C.22, including rules and forms governing public offering statements, applications, financial statements and annual reports,…

80C.19 SCOPE OF SECTIONS 80C.01 TO 80C.22. § Subdivision 1.Applicable sales and offers to sell or purchase. The provisions of sections 80C.01 to 80C.22 concerning sales and offers to sell shall apply when a sale or offer to sell is made in this state; when an offer to purchase is…

80C.20 SERVICE OF PROCESS. Every applicant for registration under sections 80C.01 to 80C.22 and every franchisor on whose behalf an application for registration is filed, except applicants and franchisors which are Minnesota corporations, shall file with the commissioner, in such…

80C.21 WAIVERS VOID. Any condition, stipulation or provision, including any choice of law provision, purporting to bind any person who, at the time of acquiring a franchise is a resident of this state, or, in the case of a partnership or corporation, organized or incorporated und…

80C.22 COMMISSIONER'S DUTIES. § Subdivision 1.General administration. Sections 80C.01 to 80C.22 shall be administered by the commissioner of commerce. § Subd. 2.Confidences and privileges. It is unlawful for the commissioner or any of the commissioner's officers or employees to u…

80D.01 SHORT TITLE. Sections 80D.01 to 80D.16 may be cited as the "Continuing Care Facility Disclosure and Rehabilitation Act." History: 1980 c 516 s 3; 1981 c 135 s 1

80D.02 DEFINITIONS. § Subdivision 1.Scope. As used in sections 80D.01 to 80D.16, the terms defined in this section have the meanings given them. § Subd. 2.Continuing care. "Continuing care" means the furnishing to an individual, other than an individual related by blood or marria…

80D.03 CONTRACT REGULATION. § Subdivision 1.Required filings. A provider shall not enter into a contract that requires or permits the payment of an entrance fee in consideration for a promise to provide continuing care in the facility, if the facility is or will be located in thi…

80D.04 DISCLOSURE STATEMENT. § Subdivision 1.Generally. Before the execution of a contract to provide continuing care, or before the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever occurs first, the provider shall deliver…

80D.05 ENTRANCE FEE ESCROW. § Subdivision 1.Escrow account; release of fees. Prior to soliciting or entering into any contract for the provision of continuing care, the provider shall establish with a bank or trust company having its principal place of business in this state, as …

80D.06 RESERVE FUND ESCROW. § Subdivision 1.Escrow account; release of funds. At the time a facility is first occupied by any resident and thereafter, the provider shall establish and maintain on a current basis, in escrow with a bank or trust company having its principal place o…

80D.07 ENTRANCE FEE REIMBURSEMENT AFTER OCCUPANCY. Any resident may terminate the residency agreement at any time after assuming residency. A residency agreement may not require more than 120 days' written notice by any resident desiring to terminate; nor require any additional f…

80D.08 LIEN ON BEHALF OF RESIDENTS. Effective at the time a facility is first occupied by any resident, there shall exist a lien on the real and personal property of the provider or facility to secure the obligations of the provider pursuant to existing and future contracts for c…

80D.09 REVISED DISCLOSURE. Annually within 120 days following the end of the provider's fiscal year, the provider shall file with the county recorder of the county in which the facility is or will be located a revised disclosure statement setting forth, as of the end of the fisca…